Schools Assistance Amendment Act 2011
No. 122, 2011
An Act to amend the law relating to education, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Schools Assistance Act 2008
Schools Assistance Amendment Act 2011
No. 122, 2011
An Act to amend the law relating to education, and for related purposes
[Assented to 14 October 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Schools Assistance Amendment Act 2011.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Schools Assistance Act 2008
1 Section 22
Repeal the section, substitute:
22 Funding agreements—national curriculum
(1) A funding agreement for a non‑systemic school, or an approved school system, must require the relevant authority for the school or system to ensure that the school, or each school in the system, implements the national curriculum prescribed by the regulations in accordance with the regulations.
(2) Despite subsection 14(2) of the Legislative Instruments Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
[Minister’s second reading speech made in—
House of Representatives on 22 June 2011
Senate on 24 August 2011]
Overview
The Schools Assistance Amendment Act 2011 was enacted by the Parliament of Australia to address the need for ensuring that non-systemic schools and approved school systems implement the national curriculum as prescribed by regulations. The Act amends the Schools Assistance Act 2008 to introduce a requirement that funding agreements for non-systemic schools and approved school systems must include provisions for the implementation of the national curriculum. This legislative change aims to standardise educational practices across different school systems by aligning them with the national curriculum, ensuring a consistent and high-quality education for students nationwide. The Act received Royal Assent on 14 October 2011 and commenced on the following day.
Scope and Application
The Schools Assistance Amendment Act 2011 amends the existing Schools Assistance Act 2008 to incorporate significant changes in the education sector, particularly concerning the implementation of the national curriculum. This Act applies to funding agreements for non-systemic schools and approved school systems, necessitating that these entities ensure their schools implement the national curriculum as prescribed by the regulations. The Act specifies that the regulations may incorporate existing instruments or writings, thereby extending its reach through subordinate instruments. It comes into effect on the day after receiving Royal Assent, thus immediately applying to the entities and agreements governed by the amended legislation. The Act does not explicitly state any exclusions or exemptions, implying a broad application across the specified educational sectors within the Commonwealth jurisdiction.
Key Provisions
The Schools Assistance Amendment Act 2011 primarily focuses on amending the Schools Assistance Act 2008. The most significant changes are found in Section 22, which now mandates that funding agreements for non-systemic schools or approved school systems must include a requirement for the relevant authorities to ensure the implementation of the national curriculum. This requirement must align with the regulations prescribed for this purpose. Additionally, the regulations can incorporate existing instruments or writings with or without modifications, thereby providing flexibility in how the curriculum is applied.
Under this Act, the obligations on the parties involved are clear: the relevant authorities must ensure that the schools under their purview implement the national curriculum as prescribed. This means that any school receiving funding under this Act must adhere to the national curriculum standards. The Act specifies that these regulations can incorporate existing instruments or writings, which may include existing educational standards or guidelines, thus facilitating a smoother transition and compliance process.
Failure to comply with the requirements of the Schools Assistance Amendment Act 2011 can result in significant consequences. While the Act does not explicitly state penalties, non-compliance with funding agreements could potentially lead to the withholding of funds or other administrative actions as stipulated by the Schools Assistance Act 2008. Additionally, schools that do not implement the national curriculum as required could face scrutiny or intervention from educational authorities, which might further impact their funding or operational status.